,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #ebab  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bh1 #bjad ,mr4
 ,walberg introduced the following bill2
 which was referred to the ,committee on
 the ,judiciary  ,a ,,bill  ,to amend   
title #ah1 ,united ,states ,code1 with  
respect to civil asset forfeiture1 and  
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,civil   
,asset ,forfeiture ,reform ,act of      
#bjad4  #b4 ,representation by attorney 
,section #ihc7;a77#a77;,a77i7 of title  
#ah1 ,united ,states ,code1 is amended  
by adding at the end the following3 ,the
 ,government shall include in any such  
notice that the person receiving the    
notice may be able to obtain free or    
reduced rate legal representation under 
subsection 7b744  #c4 ,burden of proof  
,section #ihc7;c7 of title #ah1 ,united 
,states ,code1 is amended--  7#a7 in    
paragraph 7#a71 by striking by a        
preponderance of the evidence and       
inserting by clear and convincing       

evidence2 and  7#b7 in paragraph 7#b71  
by striking by a preponderance of the   
evidence and inserting by clear and     
convincing evidence4  #d4 ,innocent     
owner defense  7a7 ,in general ,section 
#ihc7;d7 of title #ah1 ,united ,states  
,code1 is amended so that paragraph 7#a7
 reads as follows3  7#a7 ,the innocent  
owner defense shall be available to a   
claimant4 ,where a prima facie case is  
made for such a defense1 the ,government
 has the burden of proving that the     
claimant knew or reasonably should have 
known that the property was involved in 
the illegal conduct giving rise to the  
forfeiture4  4  7b7 ,knowledge by owner 
of criminal activity ,section           
#ihc7;d77#b77;,b7 of title #ah1 ,united 
,states ,code1 is amended--  7#a7 in    
clause 7i71 by striking a person may    
show that such person did all that      
reasonably could be expected may include
 demonstrating that such person to the  
extent permitted by law and inserting   
the ,government may show that the       

property owner should have had knowledge
 of the criminal activity by            
demonstrating that the property owner   
did not2  7#b7 in clause 7i77,i71 by    
striking gave and inserting give2 and   
7#c7 in clause 7i77,,ii7--  7,a7 by     
striking revoked or made and inserting  
revoke or make2 and  7,b7 by striking   
took and inserting take4  #e4           
,proportionality ,section #ihc7;g7 of   
title #ah1 ,united ,states ,code1 is    
amended so that paragraph 7#b7 reads as 
follows3  7#b7 ,in making this          
determination1 the court shall consider 
such factors as the seriousness of the  
offense1 the extent of the nexus of the 
property to the offense1 the range of   
sentences available for the offense     
giving rise to forfeiture1 the fair     
market value of the property1 and the   
hardship to the property owner and      
dependents  4  #f4 ,increased visibility
 ,section #ebd7;c77#f77;i7 of title #bh1
 ,united ,states ,code1 is amended by   
inserting from each type of forfeiture1 

and specifically identifying which funds
 were obtained from including criminal  
forfeitures and which were obtained from
 civil forfeitures1 after deposits4  #g4
 ,equitable ,sharing ,agreements        
,section #ebd7;c7 of title #bh1 ,united 
,states ,code1 is amended by adding at  
the end the following3  7#ab7 ,the      
,attorney ,general shall assure that any
 equitable sharing between the          
,department of ,justice and a local or  
,state law enforcement agency was not   
initiated for the purpose of            
circumventing any ,state law that       
prohibits civil forfeiture or limits use
 or disposition of property obtained via
 civil forfeiture by ,state or local    
agencies4  4